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(영문) 광주지방법원 2017.04.19 2017고단926
특수협박등
Text

The sentence against the accused shall be three million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

On February 17, 2017, the Defendant driven a low-speed car B, around 13:00, to turn back to and from the port of Busan-dong C along one-lanes from the shooting distance at the entrance of the head of the mountain, the Defendant was threatened with the victim D (W, 30 years old) with the Defendant’s own car, on the ground that the victim D (W, W, 30 years old) driven by the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W.

As a result, the defendant threatened the victim D using a dangerous article, and at the same time, damaged the victim F-owned car to the extent of KRW 300,000 of the repair cost, such as coloring.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (verification of victim booms images and maps around the site of the case);

1. Articles 284, 283 (1) (a point of special intimidation), 369 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that a threat driving of the reason for sentencing on the road of Article 334(1) of the Criminal Procedure Act may cause serious damage to the life and body of others, the fact that it was caused by an actual accident, and the fact that there was a record of punishment for violent crimes, the victim is constantly tracking and threatening.

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